State rests case against farmer accused of running illegal dump

Friday

Apr 12, 2013 at 12:01 AMApr 12, 2013 at 12:17 PM

The state Friday rested its case against a man accused of running an illegal dump on Whitney Street in Northborough, calling state and local officials to the stand to testify about claims of similar behavior.

Brad Petrishen/Daily News Staff

The state Friday rested its case against a man accused of running an illegal dump on Whitney Street in Northborough, calling state and local officials to the stand to testify about claims of similar behavior.

Robert Lowell, acting storm water manager for the state’s Department of Conservation and Recreation, testified in Lowell Superior Court that the state found too much compost on a site that it had contracted Santo Anza Jr. to manage.

Lowell said on an inspection of the DCR facility, which is in Jamaica Plain, he saw mounds of compost 40 to 50 feet high and was immediately concerned there was a risk of "spontaneous combustion."

To date, the state has spent $950,000 removing the compost, he said.

Lowell’s testimony was allowed by Judge Richard Tucker against the objection of Anza’s attorney, who sought to bar testimony of Anza’s alleged "bad acts" in other locations.

Tucker also heard from Raynham Town Administrator Randall Buckner, who testified selectmen quickly canceled a contract with Anza to manage a farm in 2006 after it discovered too much compost on its land.

Anza is being prosecuted by the Attorney General’s office for violating the solid waste act and animal cruelty at his property at 429 Whitney St. The state alleges that the 52-year-old Reservoir Street resident pretended he was running a farm as a front to import solid waste to make cash.

Tucker is hearing the case instead of a jury at Anza’s request. The case was tried Friday in Lowell because that is where Tucker is sitting this week.

The state has called nearly 20 witnesses over six days of trial since December. Defense attorney Mark Miliotis field a motion Friday asking Tucker to dismiss some or all of the charges based on lack of evidence.

He said he believed the state hasn’t proven its case, particularly on the three felony counts of animal cruelty with which Anza is charged.

Tucker noted that he couldn’t recall any of the state’s witnesses using the word "cruelty" during testimony. However he denied the motion to dismiss, and Miliotis will have a chance to present a defense at a hearing yet to be set.